Laws of Maryland.

149

officers and privates; and if the said commanding officer shall neglect
or refuse to comply with the provisions of this section he shall be fined
a sum not exceeding thirty dollars in the discretion of such court
martial as the case may require.

Dec. Ses. 1823

70. And be it enacted, That in case of invasion, or threatened inva-
sion of Baltimore County, or any part of the limits of the city of Bal-
timore, the commanding officer of the division, the commanding offi-
cers of brigades, or the commanding officers of regiments, shall have
full power to order out the militia belonging to their respective dis-
tricts or commands, or any part thereof; and it shall be the duty of
any such officer to give notice of any such invasion or threatened, inva-
sion with every circumstance attending the same, as early as possible
to his immediate commanding officer by whom such information shall

Case of in-
vasion, &c.

be transmitted with the utmost expedition to the commander in chief
of this state, and in such cases it shall he the duty of the commanding
officer of the regiment within the limits aforesaid, to assemble his re-
giment, or sue part thereof as he may deem necessary, and take such
measures as may be requisite for the public defence and protection
of the state, until the orders of the commanding officer of the brigade
to which he belongs shall be by him received, and it shall be the duty
of the commanding officer of the said brigade, immediately upon re-
ceiving such information, to communicate it to the commanding offi-
cer of the division, and to give such orders, and if necessary such aid
from his brigade, by causing detachments therefrom as aforesaid, an
in his judgment shall be required, until the orders of the said com-
manding officer of division can be received; and to transmit informa-
tion of what he shall so have done in the premises to the commander
in chief, and to the commanding officer of division aforesaid without

Proceedings
directed.

delay; and the militia shall be ordered out as aforesaid for the sup-
pressing or preventing of an insurrection, or opposition to the laws,
within the limits of the city aforesaid, when the mayor of the said
city or chief justice of Baltimore City Court, or chief justice of Bal-
timore County Court shall in writing require it, and therein declare
that he has good reason to believe that the peace and quiet of the state
is likely to be endangered by an insurrection or opposition to the
laws, and that military aid is necessary to suppressor prevent the same,
and if any officer shall refuse or neglect to give such information as is
required of him by this section, or shall refuse or neglect to order
out the militia under his command, or such part thereof as he may
be ordered or required to order out, as provided for in this section,
or when so called out shall refuse or neglect to discharge the duties
required of him in pursuance of the provisions of this section, he shall
be liable to be cashiered, and fined not exceeding five hundred dollars,
in the discretion of such court martial as the case may require; and
ii any noncommissioned officer or private shall refuse or neglect to
obey any order given him by his superior officer in pursuance of the
provisions of this section, such non commissioned officer or private

Insurrec-
tions, &c.

shall be liable to be fined, not exceeding one hundred dollars, in the
discretion of such court martial as the case may require; and in ca-
ses provided for in this section, the commanding officer of the divi-
sion shall have full power and authority to take such measures for is-
suing and transporting such supplies and orders within his division
as he may deem requisite, until the orders of the commander in chief
shall be known.

Penalties.